Elevator Accidents

Westchester County Lawyer for Elevator Accidents

Elevator accidents can result in catastrophic injury or even death. According to the United States Bureau of Labor Statistics, elevator accidents injure around 17,000 people every year in the country. When these types of accidents occur at a construction site, workers may be horribly injured whether they were positioned within the elevator cab, standing beneath it in the shaft, or standing outside it.

If you were injured or a loved one was killed in an elevator accident, you should discuss your situation with experienced White Plains construction accident attorney Mark Siesel. You can always contact The Law Office of Mark A. Siesel for a free consultation.

Elevator Accidents

Elevator accidents can happen at construction sites in many different ways. Workers can get caught between the elevator’s moving parts. Workers can be injured in an elevator or its platform may collapse. Workers can fall down a shaft and be severely injured or killed. Here are some common types of elevator accidents on construction sites:

• Elevator installation accidents. Faulty installation, such as improper wiring, incorrect calibration, or failure to secure components, can lead to malfunctions. In addition, workers may be injured by falling into unguarded elevator shafts, especially when the elevator is not yet operational or lacks proper barriers or fall protection.
• Crane or hoist lift accidents. In some construction projects, elevators or their parts are lifted into position using cranes or hoists. If these systems fail or if the equipment is improperly used, workers can be struck or crushed.
• Mechanical failures. After installation, the elevator may malfunction, causing sudden and unexpected stops or, in more severe cases, drops. This can occur if the elevator’s braking system fails or if it is overloaded. Elevators might also experience other mechanical failures, including issues with cables, pulleys, or motors.
• Misleveling. This happens when the elevator doesn’t stop level with the floor, causing workers to trip or be injured while entering or exiting the elevator.
• Elevator door malfunctions. Malfunctioning doors that open unexpectedly or close too quickly can injure workers, especially if they are caught in the door.
• Incorrect usage accidents. Overloading an elevator with construction materials, tools, or too many workers can cause the elevator to malfunction, break down, or become stuck between floors. In addition, elevators intended for passenger use might be used improperly during construction to transport heavy materials or equipment, which increases the risk of malfunction or accidents.
• Elevator shaft and pit accidents. During construction, elevator shafts may be left open, and workers can fall into these unprotected spaces, especially if there are no guardrails or safety measures in place.Construction workers may also drop tools, debris, or equipment down an open elevator shaft, hitting workers below.
• Post-construction accidents. Even after an elevator is installed, workers and visitors may be vulnerable to injuries. After construction, elevators undergo testing and maintenance. Workers can be injured during these procedures, especially if proper lockout/tagout procedures aren’t followed, or if maintenance is done while the elevator is in operation. Elevators that are not fully operational can also pose risks if workers attempt to use them before completion.

Any of these accidents can lead to devastating injuries, including:

• Crushing injuries, which may include broken bones, internal injuries, and even amputations.
• Falls, which can lead to fractures and even skull fractures.
• Head injuries, including Traumatic Brain Injuries (TBI).
• Spinal cord and back injuries.
• Lacerations and puncture wounds.
• Broken bones and dislocations.
• Electrical burns.
• Soft tissue injuries, including sprains, strains, and bruises.

In extreme cases, elevator accidents, such as being crushed by the elevator car or falling down a shaft, can lead to fatalities. Even in situations where a worker survives, they may face tens of thousands of dollars up to millions of dollars in medical bills, lost income, care needs, and other losses.

Most people do not have enough saved to cover the medical bills and lost wages associated with serious work injuries. Additionally, workers’ compensation benefits don’t cover the full scope of a worker’s losses. If you work at a construction site and you’re injured due to an elevator accident or your loved one is killed in an elevator accident, you may have grounds to pursue relief in a lawsuit.

Section 200

New York Labor Law 200 requires owners and contractors to take reasonable steps to protect workers on the job. The elevator and the construction site around it are supposed to be arranged, conducted, equipped, and operated with an eye towards providing reasonable safeguards for workers’ and visitors’ lives. If you were injured because an owner or contractor failed to arrange the elevator or the area around it to provide safety to workers, you may have a claim under section 200.

Section 240

New York Labor Law 240 is also known as the Scaffold Law. It is meant to protect against gravity-related injuries, which many elevator accidents are. This law requires owners and contractors, with some exceptions, to provide specific safety features, such as scaffolding and pulleys, to a construction site. If you are a construction worker working on or around elevators who wasn’t given safety equipment and was therefore injured, you may be able to seek damages under section 240. You will need to show: (1) you faced an elevation-related risk that the statute was supposed to reduce and (2) the statutory violation caused your injuries.

Section 241(6)

Section 241(6) specifies that a construction site needs to be arranged in accord with Part 23 of the New York Industrial Code. Part 23 includes detailed rules about many different aspects of a construction site. For example, passenger or freight elevators that are being installed can be used before the building is completed to carry people and material during construction. However, certain requirements must be met. Similarly, there are requirements related to floor landing openings in hoistway enclosures; they must have a solid door that runs across the full width of the opening. It cannot not be less than 78 inches in height. If you were injured because a compliant solid door was not provided in the floor landing opening, and so you fell into the shaft, you may have a basis to sue for damages under section 241(6).

Section 241-A

New York Labor Law section 241-A provides that workers in elevator shaftways should be guarded by sound planking with a thickness of at least two inches. The planking should be set across the opening at levels no more than one story below or two stories above. They should also be protected by any other method the rules of board specify. When this law or the relevant rules of the board are violated and an elevator accident results, it may be appropriate to sue for damages.

Premises Liability

There are instances in which damages for injuries sustained in elevator accidents may be pursued in a premises liability lawsuit. For instance, if you are a visitor to someone else’s building just after construction, but there is a remaining danger when using the elevators, of which you weren’t warned, you may bring a lawsuit for damages incurred as a result. In fact, any time you visit a public space, such as an office or hotel, or are in an apartment building, you may have a premises liability claim if there is an elevator accident and you are injured.

Hire a White Plains Lawyer After Your Elevator Accident

Elevator accidents can be devastating to workers and their families, or any visitor to a construction site who finds himself at the wrong place at the wrong time. Catastrophic and fatal injuries are both devastating and financially ruinous, particularly if the worker is the only wage earner in the household. If you were injured in an elevator accident or a loved one experienced wrongful death, you should call our firm, The Law Office of Mark A. Siesel. Mark Siesel is a tough, seasoned White Plains construction accident lawyer. He has almost 40 years of litigation experience representing injured workers in Brooklyn, Queens, and the Bronx, along with Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties. Contact us at (914) 428-7386 or complete our online form.